Maloney v. Papie

April 20, 2012 

                In 2002, the parties of Maloney and Papie were divorced. The mother gained custody of their three children, while the father was ordered to pay $1,179 per month. This amount included the children’s private school tuition. In 2009, the mother filed for postminority support and a contempt charge against the father for not paying child support. She also requested the father to pay for extreme medical bills incurred from the children. The father argued that the mother had told him they did not have to follow the ruling from the divorce, and so he admitted he did not pay child support in return for the mother being allowed to obtain property which he was awarded. It was fact that the children had not been enrolled in a private school for a period of time and the father requested a $500 credit. The court ruled in favor of the mother, granting her $9,661.21 for the childrens medical expenses. Also, the court ruled in favor of the mother on the issue of unpaid child support, and awarded her $50,132. The court also granted the father credit for the time during which the children were not enrolled in a private school. The mother appealed.

                Decision: Reversed. The court did not state that a decrease in child support was to be made by the parent if the children were not enrolled within a private school, so the request for the father to receive a credit for the time the children were not incurring tuition costs, was denied.

Adams v. Adams

April 20, 2012

COURT OF CIVIL APPEALS RULES THAT CHILD SUPPORT OBLIGER IS ALLOWED A DOLLAR-FOR-DOLLAR CREDIT AWARDED AGAINST HIS OR HER CHILD SUPPORT REQUIREMENTS FOR SOCIAL SECURITY BENEFITS.

                The parties of this case were divorced in 2007. The father stated he would pay the amount of $2,000 per month in child support, as well as tuition for private schooling, fees, books, and other school-related costs beginning when the child entered kindergarten. Also, the father agreed to establish a trust fund intended for the child with a college savings plan. In 2009, the father entered a petition to modify the divorce decree. The mother responded by filing a counterclaim wishing to increase child support. At this time, the father reached age 66 and began collecting Social Security. Simultaneously, their child began receiving related benefits. In 2010, the father claimed he was eligible to receive a dollar for dollar credit toward his child support requirements. At trial, the father produced evidence to support an increase of annual income, while the mother showed evidence of a decrease in annual income. However, the trial court denied both requests.

                Decision: Reversed. The court ruled that the child support provider is entitled to a credit when the child is receiving Social Security benefits. Also, no evidence had been presented to the court that the child’s needs had become greater and the court decided that the mothers income was not relevant to the issue at hand.

On 09/01/09, Harry Foster, Sr. purchased an $80,000.00 certified check and sent it to Harry Foster, Jr. On 09/03/09, Sr. committed suicide. On 09/03/09, Jr. received package from Sr. a few hours after suicide. Another son, Michael filed Petition for Letters Testamentary and was appointed executor of Sr.’s estate. Michael also filed a petition for the return on the $80,000.00. Jr. testified at trial that in 3 separate conversations, Sr. stated that he was going to give the money to Jr. as a monetary gift. He was told by Sr. to spend the money on his family. Sr. knew that Jr’s son suffered from a form of blood cancer and that his daughter was getting married in August. Probate court determined that the check was a completed gift and was not part of the estate. Michael appealed.

The elements of a gift are: (a) an intention to give and surrender title to, and dominion over , the property; (b) delivery to the donee; (c) acceptance by the donee. Garrison v. Grayson, 284 Ala. 247, 249, 224 So.2d 606, 608 (Ala. 1969). The gift is complete when it is “paid, certified or accepted by the drawee.” Dial v. Dial, 603 So2d 1020 (Ala.1992).

The Court determined that there was a completed gift from Sr. to Jr. Evidence in this case was also sufficient to support a finding of intent to gift monies to Jr.

Judgment affirmed.